From Casetext: Smarter Legal Research

People v. Rivera

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 2005
24 A.D.3d 1033 (N.Y. App. Div. 2005)

Opinion

15624.

December 22, 2005.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered September 26, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Before: Crew III, J.P., Spain and Mugglin, JJ., concur.


Defendant pleaded guilty to criminal possession of a controlled substance in the third degree in full satisfaction of a two-count indictment. County Court thereafter sentenced defendant in accordance with the negotiated plea agreement to a prison term of 2 to 6 years. Defendant now appeals.

Defendant's challenge to the voluntariness of his guilty plea is not preserved for our review insofar as he failed to move to withdraw the plea or vacate the judgment of conviction ( see People v. Rivera, 20 AD3d 763, 764; People v. Cash, 19 AD3d 934, 935). Moreover, the exception to the preservation rule is inapplicable as defendant did not offer any statements during the plea allocution which cast doubt upon his guilt or otherwise tended to negate a material element of the crime ( see People v. Bethea, 19 AD3d 813, 814; People v. Guishard, 15 AD3d 731, 732, lv denied 5 NY3d 789).

Defendant's assertion that his sentence was harsh and excessive is similarly without merit. Where, as here, the record reveals neither an abuse of discretion by County Court nor the existence of extraordinary circumstances, intervention is declined ( see People v. Tirado, 19 AD3d 712, 714; People v. Hanrahan, 9 AD3d 689, 689).

Ordered that the judgment is affirmed.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 2005
24 A.D.3d 1033 (N.Y. App. Div. 2005)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAMET RIVERA, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 22, 2005

Citations

24 A.D.3d 1033 (N.Y. App. Div. 2005)
805 N.Y.S.2d 732

Citing Cases

State v. Steven

As the result of a negotiated plea agreement, defendant pleaded guilty to nine counts of that indictment and…

People v. Velazquez

This was significantly less than the maximum term that could have been imposed and, notably, the plea…